75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
House Bill 2109
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Superintendent of Public
Instruction Susan Castillo for Department of Education)
CHAPTER ................
AN ACT
Relating to professional technical education; amending ORS
326.051, 327.023, 327.485, 329.850, 332.075, 332.155, 334.175,
336.135, 339.883, 340.005, 341.005, 341.009, 341.485, 341.535,
341.655, 344.055, 344.058, 344.070, 344.120, 344.130, 344.745,
344.840, 657.335, 657.337, 657.340, 657.345 and 657.350.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 326.051 is amended to read:
326.051. Subject to ORS 417.300 and 417.305:
(1) In addition to such other duties as are prescribed by law
and pursuant to the requirement of ORS chapter 183, the State
Board of Education shall:
(a) Establish state standards for public kindergartens and
public elementary and secondary schools consistent with the
policies stated in ORS 326.011.
(b) Adopt rules for the general governance of public
kindergartens and public elementary and secondary schools and
public community colleges.
(c) Prescribe required or minimum courses of study.
(d) Adopt rules regarding school and interscholastic activities
in accordance with standards established pursuant to paragraph
(f) of this subsection.
(e) Adopt rules that provide that no public elementary or
secondary school shall discriminate in determining participation
in interscholastic activities. As used in this paragraph, '
discrimination' has the meaning given that term in ORS 659.850.
(f) Adopt standards applicable to voluntary organizations that
administer interscholastic activities as provided in ORS 339.430.
(g) Adopt rules that will eliminate the use and purchase of
elemental mercury, mercury compounds and mercury-added
instructional materials by public elementary and secondary
schools.
(2) The State Board of Education may:
(a) Consistent with the laws of this state, accept money or
property not otherwise provided for under paragraph (b) of this
subsection, which is donated for the use or benefit of the public
kindergartens and public elementary and secondary schools and
public community colleges and use such money or property for the
purpose for which it was donated. Until it is used, the board
shall deposit any money received under this paragraph in a
Enrolled House Bill 2109 (HB 2109-INTRO) Page 1
special fund with the State Treasurer as provided in ORS 293.265
to 293.275.
(b) Apply for federal funds and accept and enter into any
contracts or agreements { - in - } { + on + } behalf of the
state for the receipt of such funds from the federal government
or its agencies for { + :
(A) + } Educational purposes, including but not limited to any
funds available for the school lunch program { + ; + } { - ,
for career education purposes, for professional technical
educational purposes, for - }
{ + (B) Career and technical education programs;
(C) + } Adult education { - , for manpower programs - }
{ + programs;
(D) Workforce training programs; + } and
{ + (E) + } Any grants available to the state or its
political subdivisions for general federal aid for public
kindergartens { + , + }
{ - and - } public elementary { + schools, + } { - and - }
{ + public + } secondary schools and public community colleges
and their auxiliary services, improvement of teacher preparation,
teacher salaries, construction of school buildings,
administration of the Department of Education and any other
educational activities under the jurisdiction of the State Board
of Education.
(c) Adopt rules to administer the United States Department of
Agriculture's National School Lunch Program and School Breakfast
Program for public and private prekindergarten through grade 12
schools and residential child care facilities.
(3) The State Board of Education shall provide a separate,
identifiable place on its agenda six times a year for community
college issues. The state board may also consider matters
affecting community colleges at any regular or special meeting.
SECTION 2. ORS 327.023 is amended to read:
327.023. In addition to those moneys distributed through the
State School Fund, the Department of Education shall provide from
state funds appropriated therefor, grants in aid or support for
special and compensatory education programs including:
(1) The Oregon School for the Blind and the Oregon School for
the Deaf.
(2) Medicaid match for administration efforts to secure
Medicaid funds for services provided to children with
disabilities.
(3) Hospital programs for education services to children who
are hospitalized for extended periods of time or who require
hospitalization due to severe disabilities as described in ORS
343.261.
(4) Private agency programs for education services to children
who are placed by the state in long term care or treatment
facilities as described in ORS 343.961.
(5) Regional services provided to children with low-incidence
disabling conditions as described in ORS 343.236.
(6) Early childhood special education provided to preschool
children with disabilities from age three until age of
eligibility for kindergarten as described in ORS 339.185,
343.035, 343.041, 343.055, 343.065, 343.157 and 343.455 to
343.534.
(7) Early intervention services for preschool children from
birth until age three as described in ORS 339.185, 343.035,
343.041, 343.055, 343.065, 343.157 and 343.455 to 343.534.
Enrolled House Bill 2109 (HB 2109-INTRO) Page 2
(8) Evaluation services for children with disabilities to
determine program eligibility and needs as described in ORS
343.146.
(9) Education services to children residing at state hospitals.
(10) Disadvantaged children program under ORS 343.680.
(11) Early childhood education under ORS 329.228 and 329.235.
(12) Child development specialist program under ORS 329.255.
(13) Youth care centers under ORS 420.885.
(14) Staff development and mentoring.
(15) { - Professional - } { + Career and + } technical
education grants.
(16) Special science education programs.
(17) Talented and Gifted children program under ORS 343.391 to
343.413.
SECTION 3. ORS 327.485 is amended to read:
327.485. (1) The Education Cash Account of the General Fund
consists of all moneys made available to the Department of
Education by:
(a) Charitable and philanthropic foundations, organizations and
agencies if the moneys have not been dedicated for specific use
by requirements of other sections of Oregon Revised Statutes;
(b) Miscellaneous receipts;
(c) Collection of fees from sale of supplies and publications
compiled and furnished by the Department of Education and
distributed or sold to other persons or groups;
(d) Funds received as gifts, contributions and bequests for
{ - professional - } { + career and + } technical education
and moneys received as reimbursements for funds theretofore
expended;
(e) Moneys received through charges to grants, contracts and
other funds for indirect costs; and
(f) Any other nondedicated moneys received by the Department of
Education for which the Legislative Assembly has established an
administrative funds limitation.
(2) The provisions of this section do not relieve the
department of its responsibilities to separately account for
moneys received as trust funds.
(3) Disbursements from the Education Cash Account shall be made
as directed by the Department of Education. The department shall
keep a record of all moneys deposited in such account. The record
shall indicate by separate cumulative accounts the source from
which the moneys are derived and the individual activity against
which each withdrawal is charged.
SECTION 4. ORS 329.850 is amended to read:
329.850. (1) The Education and Workforce Policy Advisor, in
consultation with the Department of Education, the Department of
Community Colleges and Workforce Development, the Bureau of Labor
and Industries, the Economic and Community Development Department
and the Department of Human Services, shall propose policies and
strategies consistent with this chapter.
(2) The Education and Workforce Policy Advisor's policies and
strategies must take into account that:
(a) The state must promote innovative thinking with respect to
the curriculum and educational delivery system of Oregon public
schools;
(b) The state must require of all youth a level of achievement
that prepares them to pursue college, { - professional
technical - } { + career and technical education + }programs,
apprenticeships, work-based training and school-to-work programs;
Enrolled House Bill 2109 (HB 2109-INTRO) Page 3
(c) Greater employer investment is essential in the ongoing
training of all workers to meet workforce needs;
(d) The state must encourage Oregon businesses to improve
productivity by creating high performance work organizations that
provide high skills and high wage opportunities for youth and
adults; and
(e) All employment-related training, education and job
placement services and sources of funds must be coordinated among
state agencies and boards and must complement the state's overall
efforts on behalf of youth and adults.
SECTION 5. ORS 332.075 is amended to read:
332.075. (1) Any district school board may:
(a) Fix the days of the year and the hours of the day when
schools shall be in session.
(b) Adopt textbooks and other instructional materials as
provided in ORS 337.120 and 337.141 and courses of study for the
use of such schools as provided in ORS 336.035.
(c) Authorize the use of the schools for purposes of training
students of an approved teacher education institution, as defined
in ORS 342.120, and for such purposes may enter into contracts
with the approved teacher education institutions on such terms as
may be agreed upon. Such contracts as they relate to student
teachers shall have the same effect and be subject to the same
regulations as a contract between a licensed teacher and a
district school board.
(d) Develop and operate with other school districts or
community college districts secondary { - professional - }
{ + career and + } technical education programs for pupils of
more than one district and fix by agreement the duration of the
district's obligation to continue such activity, subject to the
availability of funds therefor.
(e) Authorize the school district to be a member of and pay
fees, if any, to any voluntary organization, approved under ORS
339.430, that administers interscholastic activities or that
facilitates the scheduling and programming of interscholastic
activities.
(f) Accept money or property donated for the use or benefit of
the school district and, consistent with the laws of this state,
use such money or property for the purpose for which it was
donated.
(2) All contracts of the school district must be approved by
the district school board before an order can be drawn for
payment. If a contract is made without the authority of the
district school board, the individual making such contract shall
be personally liable.
(3) Notwithstanding subsection (2) of this section, a district
school board may, by resolution or policy, authorize its
superintendent or the superintendent's designee to enter into and
approve payment on contracts for products, materials, supplies,
capital outlay, equipment and services that are within
appropriations made by the district school board pursuant to ORS
294.435. A district school board may not authorize its
superintendent or the superintendent's designee under this
subsection to enter into and approve payment on contracts that
are collective bargaining agreements or service contracts that
include the provision of labor performed by employees of the
school district.
SECTION 6. ORS 332.155 is amended to read:
332.155. A district school board:
Enrolled House Bill 2109 (HB 2109-INTRO) Page 4
(1) May furnish, equip, repair, lease, purchase and build
schoolhouses, including high schools, junior high schools,
{ - professional technical - } { + career and technical
education + } schools, gymnasiums, houses for teachers and other
employees, and like buildings; and locate, buy and lease lands
for all school purposes. Leases authorized by this section
include lease-purchase agreements whereunder the district may
acquire ownership of the leased property at a nominal price. Such
leases and lease-purchase agreements may be for a term of up to
30 years.
(2) May contract for the removal or containment of asbestos
substances in school buildings and for repairs made necessary by
such removal or containment. Contracts authorized by this section
may be for a term exceeding one year.
(3) May construct or cooperate in the construction of schools
for training of student teachers on state or district owned
lands, for any state institution of higher education in or
contiguous to the district, and to expend district funds in so
doing.
(4) May acquire personal property by a lease-purchase agreement
or contract of purchase for a term exceeding one year. A
lease-purchase agreement is one in which the rent payable by the
district is expressly agreed to have been established to reflect
the savings resulting from the exemption from taxation, and the
district is entitled to ownership of the property at a nominal or
other price { - which - } { + that + } is stated or
determinable by the terms of the agreement and was not intended
to reflect the true value of the property.
(5) May lease, sell and convey all property of the district as
may not in the judgment of the district school board be required
for school purposes.
(6) May sell property of the district in transactions whereby
the district has the right to lease, occupy or reacquire the
property following the sale or have facilities constructed
thereon or furnished to the specifications of the district. The
construction or furnishing of such facilities shall be subject
to:
(a) ORS chapter 279A, except ORS 279A.125 and 279A.250 to
279A.290;
(b) ORS chapter 279B, except ORS 279B.235, 279B.240, 279B.270,
279B.275 and 279B.280; and
(c) ORS chapter 279C.005, 279C.100 to 279C.125 and 279C.300 to
279C.470.
(7) Shall furnish the schools with supplies, equipment,
apparatus and services essential to meeting the requirements of a
standard school and may furnish such other supplies, equipment,
apparatus and services as the board considers advisable.
(8) May construct, purchase or lease in cooperation with other
school districts or community college districts facilities for
secondary { - professional technical - } { + career and
technical education + }programs for pupils of more than one
district and may furnish or cooperate in furnishing supplies and
equipment for such facilities, to be financed in the same manner
as other school buildings and supplies are financed.
(9) May purchase real property upon a contractual basis when
the period of time allowed for payment under the contract does
not exceed 30 years.
(10) May purchase relocatable classrooms and other relocatable
structures in installment transactions in which deferred
installments of the purchase price are payable over not more than
Enrolled House Bill 2109 (HB 2109-INTRO) Page 5
10 years from the date such property is delivered to the district
for occupancy and are secured by a security interest in such
property. Such transactions may take the form of, but are not
limited to, lease-purchase agreements.
(11) May enter into rental or lease-purchase agreements
covering motor vehicles operated by the district.
SECTION 7. ORS 334.175 is amended to read:
334.175. (1) An education service district shall provide
regionalized core services to component school districts. The
goals of these services are to:
(a) Assist component school districts in meeting the
requirements of state and federal law;
(b) Improve student learning;
(c) Enhance the quality of instruction provided to students;
(d) Provide professional development to component school
district employees;
(e) Enable component school districts and the students who
attend schools in those districts to have equitable access to
resources; and
(f) Maximize operational and fiscal efficiencies for component
school districts.
(2) The services provided by an education service district
shall be provided according to a local service plan developed by
the education service district and component school districts.
The education service district and component school districts
shall develop the local service plan to meet the goals specified
in subsection (1) of this section. The local service plan must
include services in at least the following areas:
(a) Programs for children with special needs, including but not
limited to special education services, services for at-risk
students and professional development for employees who provide
those services.
(b) Technology support for component school districts and the
individual technology plans of those districts, including but not
limited to technology infrastructure services, data services,
instructional technology services, distance learning and
professional development for employees who provide those
services.
(c) School improvement services for component school districts,
including but not limited to { + :
(A) + } Services designed to support component school districts
in meeting the requirements of state and federal law { - , - }
{ + ;
(B) + } Services designed to allow the education service
district to participate in and facilitate a review of the state
and federal standards related to the provision of a quality
education by component school districts { - , - } { + ;
(C) + } Services designed to support and facilitate continuous
school improvement planning { - , - } { + ;
(D) + } Services designed to address schoolwide behavior and
climate issues { - and - } { + ; + }
{ + (E) + } { - professional - } { + Services designed to
support career and + } technical education { + ; + } and
{ + (F) + } Professional development for employees who
provide { - those services - } { + the services described in
this paragraph + }.
(d) Administrative and support services for component school
districts, including but not limited to services designed to
consolidate component school district business functions, liaison
services between the Department of Education and component school
Enrolled House Bill 2109 (HB 2109-INTRO) Page 6
districts and registration of children being taught by private
teachers, parents or legal guardians pursuant to ORS 339.035.
(e) Other services that an education service district is
required to provide by state or federal law, including but not
limited to services required under ORS 339.005 to 339.090.
(3) In addition to the services specified in subsection (2) of
this section, a local service plan may include other services
that are designed to meet regional needs.
(4) A local service plan shall also contain annual performance
measures for the education service district.
(5) A local service plan must:
(a) Be adopted by the board of the education service district.
(b) After being adopted by the board of the education service
district, be approved on or before March 1 by resolution of
two-thirds of the component school districts that are a part of
the education service district and that have at least a majority
of the pupils included in the average daily membership of the
education service district, as determined by the reports of such
school districts for the preceding year, enrolled in the schools
of the school districts.
(6) Notwithstanding the process for approval and adoption
required by subsection (5) of this section, if the component
school districts approve an amendment to a local service plan
pursuant to subsection (5)(b) of this section, the board of an
education service district may amend a local service plan that
has been previously adopted by the board and approved by the
component school districts. An amendment to a local service plan
may be done at any time.
(7) An education service district may provide the services
required by the local service plan directly through the staff of
the district. In addition, an education service district may
provide services required by the local service plan through the
operation of a public school, a public charter school pursuant to
ORS chapter 338, an alternative school or a preschool.
(8) An education service district may provide the services
required by the local service plan in cooperation with another
education service district or with a school district. In
addition, an education service district may contract with a
public or private entity for the provision of services.
SECTION 8. ORS 336.135 is amended to read:
336.135. (1) The district school board of any school district
in which reside or are employed, or both, at least 15 employed
children between the ages of 14 and 18 years shall, and any
district school board may, provide classes for such employed
children.
(2) The State Board of Education shall adopt rules governing
the organization and administration of classes and shall expend
from the funds available for the promotion of
{ - professional - } { + career and + } technical education
such sums of money as are necessary for the classes.
SECTION 9. ORS 339.883 is amended to read:
339.883. (1) A facility shall not permit any person under 18
years of age to possess tobacco products, as defined in ORS
431.840, while the person is present on facility grounds or in
facility buildings or attending facility-sponsored activities.
(2) The facility must have written policies prohibiting the
possession of tobacco products described in subsection (1) of
this section by persons under 18 years of age. The facility must
have written plans to implement such policies.
Enrolled House Bill 2109 (HB 2109-INTRO) Page 7
(3) This section does not apply to any person for whom a
tobacco or nicotine product has been lawfully prescribed.
(4) As used in this section, 'facility' means public or private
schools, youth correction facilities or juvenile detention
facilities. 'Facility' does not include colleges or universities,
{ - professional technical - } { + career and technical
education + } schools or community colleges.
SECTION 10. ORS 340.005 is amended to read:
340.005. For purposes of this chapter:
(1) 'Accelerated college credit program' has the meaning given
that term by rules adopted by the State Board of Education.
(2) 'At-risk student' means:
(a) A student who qualifies for a free or reduced lunch
program; or
(b) An at-risk student as defined by rules adopted by the board
if the board has adopted rules to define an at-risk student.
(3) 'Duplicate course' means a course with a scope that is
identical to the scope of another course.
(4)(a) 'Eligible post-secondary course' means any nonsectarian
course or program offered through an eligible post-secondary
institution if the course or program may lead to high school
completion, a certificate, professional certification, associate
degree or baccalaureate degree.
(b) 'Eligible post-secondary course' does not include a
duplicate course offered at the student's resident school.
(c) 'Eligible post-secondary course' includes:
(A) Academic { + courses;
(B) + } { - and professional technical - } { + Career and
technical education + }courses; and
{ - (B) - } { + (C) + } Distance education courses.
(5) 'Eligible post-secondary institution' means:
(a) A community college;
(b) A state institution of higher education listed in ORS
352.002; and
(c) The Oregon Health and Science University.
(6)(a) 'Eligible student' means a student who is enrolled in an
Oregon public school and who:
(A) Is 16 years of age or older at the time of enrollment in a
course under the Expanded Options Program;
(B)(i) Is in grade 11 or 12 at the time of enrollment in a
course under the Expanded Options Program; or
(ii) Is not in grade 11 or 12, because the student has not
completed the required number of credits, but who has been
allowed by the school district to participate in the program;
(C) Has developed an educational learning plan as described in
ORS 340.025; and
(D) Has not successfully completed the requirements for a high
school diploma as established by ORS 329.451, the State Board of
Education and the school district board.
(b) 'Eligible student' does not include a foreign exchange
student enrolled in a school under a cultural exchange program.
(7) 'Expanded Options Program' means the program created under
this chapter.
(8) 'Scope' means depth and breadth of course content as
evidenced through a planned course statement including content
outline, applicable state content standards where appropriate,
course goals and student outcomes.
SECTION 11. ORS 341.005 is amended to read:
341.005. As used in this chapter, unless the context otherwise
requires:
Enrolled House Bill 2109 (HB 2109-INTRO) Page 8
(1) 'Academic year' means the year beginning July 1 of each
year and ending June 30 of the following year running
concurrently with the fiscal year.
(2) 'Board' means the board of education of a community college
district.
(3) 'Board member' means a member of the board of education of
a community college district.
(4) 'Commissioner' means the Commissioner for Community College
Services appointed under ORS 326.375.
(5) 'Community college' means a public institution operated by
a community college district for the purposes of providing
courses of study limited to not more than two years' full-time
attendance, with the exception of technical programs in which the
curriculum may require more than two years of attendance but less
than four years, and designed to meet the needs of a geographical
area by providing educational services, including but not limited
to { - professional - } { + career and + } technical
education programs or lower division collegiate programs.
(6) 'Community college district' or 'district' means a district
formed under this chapter to operate one or more community
colleges or to secure educational services available at a
community college. 'Community college district' includes a
community college service district.
(7) 'Full-time equivalent student' means a student or
combination of several students who carries or carry among them,
within a single academic year, a minimum number of clock hours of
instruction, in any program, to be specified by rule by the State
Board of Education.
(8) 'Operating expenses' means the sum of the expenditures of a
community college district for administration, instruction,
necessary student services, operation and maintenance of plant
and fixed charges, as determined in accordance with the rules of
the State Board of Education.
(9) 'Paying agent and registrar' means the county treasurer or
county fiscal officer of the county in which the chief
administrative officer of the community college district
maintains the administrative office.
(10) 'Petitioning territory' means a community college district
petitioning to have an area outside the district included in the
district or to have an area inside the district excluded from the
district, or an area outside the district petitioning to be
included within the district.
(11) 'Principal county' means the county in which the chief
administrative officer of the community college district
maintains the administrative office.
(12) 'State board' means the State Board of Education.
SECTION 12. ORS 341.009 is amended to read:
341.009. The Legislative Assembly finds that:
(1) The community college is an educational institution
{ - which - } { + that + } is intended to fill the
institutional gap in education by offering broad, comprehensive
programs in academic
{ - as well as professional technical - } { + subjects and in
career and technical education + }subjects. It is primarily
designed to provide associate or certificate degree programs for
some, serve a transitional purpose for others who will continue
baccalaureate or other college work, provide the ability to enter
the workforce immediately and serve to determine future
educational needs for other students. It can provide means for
continuation of academic education, { - professional technical
Enrolled House Bill 2109 (HB 2109-INTRO) Page 9
training - } { + career and technical education + }or the
attainment of entirely new skills as demands for old skills and
old occupations are supplanted by new technologies. It may also
provide the means to coordinate courses and programs with high
schools to accommodate successful transition to college degree
programs.
(2) Each community college should be so located as to be within
commuting time of a substantial majority of its students. As an
economical method of providing education close to the student's
home, the community college should remain a commuting
institution.
(3) The community college should establish its organizational
patterns to maintain a unique quality of flexibility and the
ability to change to meet changing needs.
(4) The community college is a post-high-school institution
under the general supervision of the State Board of Education. It
should not be a 'starter' institution intended to evolve into a
four-year baccalaureate institution. It should be concerned with
programs terminating before reaching the baccalaureate degree.
(5) The community college should continue to be prohibited by
law from becoming a baccalaureate degree granting institution.
(6) Admission to the community college should be open to high
school graduates or to non-high school graduates who can profit
from the instruction offered.
(7) There should be close cooperation between those directing
the community college program and those responsible for higher
education, so that lower-division college transfer programs of
the community college will provide adequate preparation for
entering baccalaureate degree granting programs, and so that
students will be able to transfer with a minimum of difficulty.
(8) The community college should offer as comprehensive a
program as the needs and resources of the area { - which - }
{ + that + } it serves dictate. Cost to student and quality of
instruction in established private institutions should be among
the factors in determining necessary duplication of effort.
(9) It should be the policy of the community college to open
its facilities and make available its resources to the high
schools of its area on a sound contractual basis, for appropriate
secondary or transitional courses, either academic or
{ - professional technical - } { + as part of career and
technical education + }, when it is within its ability to provide
facilities and it is determined that the high school cannot or
does not offer them.
(10) Programs designed to meet the needs of the area served
should be based on the actual educational and service needs of
the district. Specific { - professional technical - }
{ + career and technical education + }courses should be related
not only to the employment opportunities of the area but of the
state and nation as well. Such determination should be made in
consultation with representatives of labor, business, industry,
agriculture and other interested groups.
(11) The State Board of Education should be responsible for
coordinating the community college program of the state and
should have general supervisory responsibilities for that
program. The State Board of Education should prepare estimates
and make the requests for legislative appropriations for a
reasonable and consistent basis of support and establish
standards for the distribution of that support.
(12) The initiative for the establishment of new community
colleges should come from the localities to be served, as a
Enrolled House Bill 2109 (HB 2109-INTRO) Page 10
response to demonstrated educational needs of an area. However,
these localities must not only be willing to assume the
responsibility for the institutions but must be able to provide
resources needed for an adequate educational and service program.
(13) The governing board of the community college should be
charged with the policy-making function. With respect to
educational programming, the governing board should in
cooperation with the State Board of Education:
(a) Identify educational needs of the district; and
(b) Bring together the resources necessary to meet the needs.
(14) The state should maintain a policy of substantial state
participation in community college building costs and the
maintenance of an adequate level of state support for operation.
However, no state funds should be appropriated for buildings such
as dormitories or athletic facilities for spectator sports. The
district should provide a substantial portion of the funds for
capital improvement as well as for operation of a community
college.
(15) State appropriations for community colleges shall be made
separately from those for other segments of education.
(16) The formula for the distribution of funds for operating
costs should reflect the heavier operating costs and capital
outlay for certain { - professional technical - } { + career
and technical education + }courses. Federal funds received for
{ - professional technical training - } { + career and
technical education + }, adult basic education, workforce
development or other federal initiatives should be used for those
purposes only and be distributed separately from funds
appropriated by the state and should be exempted from the
computations of the present distribution formula for operating
costs.
(17) The cost of education to the individual should be
sufficiently low to permit students of low-income families to
attend. This is particularly true of tuition costs. However,
students should pay an amount sufficient to provide an incentive
to profit from the instructional program offered.
(18) Any eligible Oregon resident should have the right to
attend a community college even though not residing in a district
operating one, subject to the right of the governing board to
limit the size of classes and to give preference to students
residing in the district. Local school districts and education
service districts should have the authority to negotiate the
terms and conditions with the governing boards for the enrollment
of students residing in such areas.
SECTION 13. ORS 341.485 is amended to read:
341.485. (1) In addition to any other scholarships provided by
law, the board may award tuition and fee-exempting scholarships
in the college to students applying for enrollment or who are
enrolled in the college.
(2) Scholarships shall be awarded on the basis of the
student's:
(a) Demonstrated ability to profit { - from either
professional technical or - } { + either from career and
technical education or from + } college transfer courses; and
(b) Need for financial assistance.
(3) In addition to the qualifications specified in subsection
(2) of this section, the board awarding the scholarship may
prescribe qualifications that are of such nature that
scholarships awarded under this section will benefit both the
student and the people of this state.
Enrolled House Bill 2109 (HB 2109-INTRO) Page 11
SECTION 14. ORS 341.535 is amended to read:
341.535. (1) Community college faculty { - shall not be - }
{ + are not + } required to have teaching licenses.
(2) Notwithstanding ORS 342.173, community college faculty who
provide instruction in cooperation with a school district for
academic { + , + } { - professional technical - } { + career
and technical education + }, school-to-work or other work-related
programs under ORS chapter 329 { - shall not be - } { + are
not + } required to have teaching licenses. If the faculty member
is not a regular full-time employee of the community college, the
school district shall follow the instructor appraisal committee
procedures adopted by the Teacher Standards and Practices
Commission.
(3) Until a community college becomes accredited by the
Northwest Association of Schools and Colleges or its successor,
the board shall obtain the approval of the accredited community
college with which it contracts for curriculum and instructional
services before employing any person to teach transfer courses.
SECTION 15. ORS 341.655 is amended to read:
341.655. (1) As used in this section { + , + } 'approved
expenses ' means the operating expenses of community college
districts for
{ - professional - } { + career and + } technical education
programs { - which - } { + that + } have been approved by the
Commissioner for Community College Services.
(2) Federal moneys received for purposes of reimbursing
community college districts for { - professional - } { +
career and + } technical education programs may be used by the
districts to pay approved expenses.
SECTION 16. ORS 344.055 is amended to read:
344.055. It shall be the policy on { - professional - }
{ + career and + } technical education and employment training
in this state that:
(1) Accessibility to { - professional - } { + career
and + } technical education programs should be facilitated.
Individuals should have a choice of training opportunities for
which they are qualified and from which they can benefit. Such
opportunities should be available from school districts,
community colleges, federal and state workforce training
programs, private { - professional technical - } { + career
and technical education + }schools, apprenticeship programs and
institutions of higher education. The student should have easy
access to training with the flexibility to move in and out of
programs as needs indicate. Opportunities should be available for
all individuals to obtain the skills and knowledge needed for
initial employment as well as for occupational upgrading and job
changes.
(2) State and local planning and program operations should be
coordinated to provide the most efficient use of federal, state,
local and private resources.
(3) A comprehensive system of education and employment training
should be developed. Secondary schools should provide an
educational program that balances the educational skills of
reading, writing, speaking, computation and reasoning ability,
occupational skills including technical knowledge, manipulative
ability and other skills required to perform job tasks and
employment skills such as job seeking, work attitude, work
adjustment and job-coping abilities. Community colleges should
provide comprehensive programs in both academic and
{ - professional technical - } { + career and technical
Enrolled House Bill 2109 (HB 2109-INTRO) Page 12
education + } subjects. In addition, community colleges should
provide short-term training designed for specific occupations,
related training for apprenticeships and opportunities for
employed persons to improve their skills. Other providers of
employment training should compliment this effort with programs
aimed at specific job training.
(4) Full working partnerships among education, business,
industry, labor, government and agriculture should be developed
to meet employer needs for a skilled workforce and to promote
employee job satisfaction. Such partnerships should be fostered
by promoting efforts such as work site training stations, lending
or donating of equipment to training programs, employee-teacher
exchange programs, advisory committees and cooperative work
experience programs. All segments of the community should be
encouraged to assist in { - professional technical training - }
{ + career and technical education + }.
(5) Federal, state, local and private funding resources should
be combined to ensure the development and implementation of
quality programs. Both the governmental and private sectors
should make a commitment to { - professional technical
training - } { + career and technical education + }as an
investment that will help bring about economic development and
stability as well as high social and financial returns.
Improvement of existing training programs, as opposed to
development of duplicative or parallel efforts, should be
utilized to promote flexibility and economy in the design and
delivery of { - professional - } { + career and + } technical
education.
(6) High quality { - professional technical training - }
{ + career and technical education + }requires an adequate
supply of well prepared teachers and support personnel.
Provisions should be made for the formal preparation of teachers
and for the recruitment of teachers from business and industry.
Programs should be designed and implemented to ensure that
teachers remain current in their areas of expertise, and
instructors should be encouraged to return to business and
industry to gain additional experience in their fields. To
promote retention of qualified personnel, institutions preparing
and licensing teachers and agencies employing teachers should
allow credit for relevant { - professional technical - }
{ + career and technical education + }experiences.
(7) { - Professional - } { + Career and + } technical
education programs and other employment training programs should
be developed, operated and evaluated jointly with representatives
of the
{ - professional technical - } { + career and technical
education + } instructional areas included in the programs.
Evaluation of efforts should consider the cost effectiveness of
the program both for society and the state.
(8) Each student's { - educational, professional
technical - } { + academic, career and technical education
+ }and employment skills should be assessed upon entering so
that proper placement in the educational program can occur.
Credit should be given for prior education, work experience and
community service. Assessments to determine progress, competency
attainment and needed corrective action should be made on a
periodic basis. Assistance in obtaining employment and
follow-through services to help students succeed on the job
should be provided.
Enrolled House Bill 2109 (HB 2109-INTRO) Page 13
(9) Provisions should be made to meet the needs of women,
minorities, disadvantaged or persons with disabilities and others
who have special training needs. Special curricula, facilities,
equipment, counseling and instruction should be provided as
necessary. The agencies and institutions serving these groups
should coordinate use of the available resources to provide cost
effective services.
(10) Career { + and technical + } education provides the
learning
{ - experiences - } { + experience + } needed to make
effective career choices and to develop the attitudes,
{ - knowledges - } { + knowledge + } and skills that enable
persons to perform successfully in the producer role and to
assist them in other related life roles. It progresses through
the steps of awareness and exploration of work, preparation for a
broad range of occupations and specialization in a specific
occupation.
(11) { - Professional - } { + Career and + } technical
education is taught at the secondary school level, in
post-secondary { - professional technical - } { + career and
technical education + } institutions, community colleges and
apprenticeship programs and may continue through skill upgrading
or retraining for a new career.
SECTION 17. ORS 344.058 is amended to read:
344.058. Each biennium, in addition to and not in lieu of any
other moneys, the Department of Education shall award a grant to
the Frontier Learning Network { - professional - } { + career
and + } technical education program. The grant may be used for:
(1) Mobile classrooms;
(2) Developing information and technical systems;
(3) Creating and implementing curricula;
(4) Capital improvements;
(5) Teachers and technical staff;
(6) Distance learning communications expenses; and
(7) Special project materials.
SECTION 18. ORS 344.070 is amended to read:
344.070. (1) The Oregon Department of Administrative Services
may draw warrants upon any state fund to which federal funds for
training or education have been credited, in payment of vouchers
approved by the Superintendent of Public Instruction or the
Commissioner for Community College Services pursuant to rules of
the State Board of Education, in favor of school districts,
education service districts and community college districts, for
such sums, not exceeding $100,000 for a single district in the
aggregate, as the state board, by rule, shall determine. The
warrants, upon delivery thereof to the districts, shall
constitute advances from state funds to enable the districts more
readily to effectuate the purposes set forth in any federal law
or regulation pertaining to { - professional - } { + career
and + } technical education or other education or training
sponsored by the federal government.
(2) The districts to which moneys are advanced shall be
responsible for the full repayment to the state of all sums
advanced. The advances are not within any limitation upon
indebtedness prescribed by law for districts. The moneys advanced
to districts { - shall - } { + may + } not exceed in the
aggregate the moneys to the credit of the state fund from which
they are paid, and shall constitute advances to the recipient
district in anticipation of verified vouchers to be supplied
Enrolled House Bill 2109 (HB 2109-INTRO) Page 14
therefor. The advances are to be used as revolving funds for the
payment of the costs of
{ - professional technical training - } { + career and + }
{ + technical education + } programs. The advances shall be made
only in those cases in which the federal government defrays all
or part of the cost of such programs.
SECTION 19. ORS 344.120 is amended to read:
344.120. All lawfully incurred claims duly approved pursuant to
rules of the State Board of Education, including all claims to be
paid from the moneys received by the state from the federal
government for { - professional - } { + career and + }
technical education purposes and for which the State Treasurer is
custodian shall be paid as provided in ORS 293.295 to 293.462.
The Oregon Department of Administrative Services shall draw
warrants on the State Treasurer in payment thereof out of the
proper appropriations or funds.
SECTION 20. ORS 344.130 is amended to read:
344.130. Any district school board may cooperate with the State
Board of Education in establishment of { - professional
technical - } { + career and technical education + }schools or
classes giving instruction in agricultural subjects, the trade or
industrial subjects, or in home economics subjects, and may use
any moneys raised by public taxation in the same manner as moneys
for other school purposes are used for the maintenance and
support of public schools.
SECTION 21. ORS 344.745 is amended to read:
344.745. (1) The State Apprenticeship and Training Council and
the Department of Education shall establish youth apprenticeship
and training and work based learning programs to provide
occupational skill training for up to 2,000 individual high
school students in each biennium. Notwithstanding the limitation
on the number of program participants, the department and the
Bureau of Labor and Industries may increase the number of
participants if federal funds become available for such an
increase. In the building and construction trades industries,
there shall be a maximum of 100 youth apprentices or trainees per
biennium. However, the council has the authority to increase the
number of youth apprentices in building and construction trades
on the basis of demonstrated industry need.
(2) Participating students must be 16 years of age or older and
must be enrolled in a high school { - professional
technical - } { + career + } { + and technical education
+ }program that is applicable to the specific youth
apprenticeship and training or work based learning program for
which they are applying. Students must demonstrate mastery of the
essential competencies contained in an approved career
exploration curriculum prior to being registered as a youth
apprentice or trainee. In licensed trades for building and
construction and for the operation of equipment and machinery
defined as hazardous, on-the-job training for students 16 or 17
years of age may be simulated cooperatively at a training site.
(3) Participating schools shall develop and maintain a list of
students eligible for youth apprenticeship and training programs.
In a cooperative effort, school districts, education service
districts and local apprenticeship and training committee members
shall review and select students for participation from the list
of eligible students established under this subsection.
(4) Employers under ORS 660.002 to 660.210 shall cooperate with
the State Director of Apprenticeship and Training through the
applicable apprenticeship committee to develop training
Enrolled House Bill 2109 (HB 2109-INTRO) Page 15
guidelines consistent with youth apprenticeship and training
standards for a specific trade. The guidelines shall provide
listing of work processes and related training to be done that
will permit the student to acquire necessary skills. The
employer, school and youth apprentice shall evaluate monthly the
student's progress in high school curriculum, related training
and on-the-job training.
(5) No registered youth apprentice or trainee shall displace a
regular employee of an approved employer.
SECTION 22. ORS 344.840 is amended to read:
344.840. Upon application of the Director of the Department of
Consumer and Business Services, the district school board of a
school district { - which employs professional technical - }
{ + that employs career and technical education + }instructors
or maintains a
{ - professional technical - } { + career and technical
education + }training program shall furnish to any person
designated by the director such { - professional technical - }
{ + career and technical education + } instruction as is
provided for district pupils when the facilities of the district
permit. The director shall cause to be paid to the district the
actual cost of such instruction as nearly as may be estimated by
the district school board.
SECTION 23. ORS 657.335 is amended to read:
657.335. As used in ORS 657.335 to 657.360:
(1) 'Eligible dislocated workers' means individuals who:
(a) Have been terminated or laid off or who have received a
notice of termination or layoff, are eligible for or have
exhausted their entitlement to unemployment compensation and are
unlikely to return to their previous industry or occupation;
(b) Have been terminated or have received a notice of
termination of employment, as a result of any permanent closure
of or any substantial layoff at a plant, facility or enterprise;
(c) Are long term unemployed and have limited opportunities for
employment or reemployment in the same or a similar occupation in
the area in which such individuals reside, including older
individuals who may have substantial barriers to employment by
reason of age;
(d) Were self-employed, including farmers and ranchers, and are
unemployed as a result of general economic conditions in the
community in which they reside or because of natural disasters;
or
(e) Returned to service in the Oregon National Guard or the
military reserve forces of the United States following active
duty service as set forth in ORS 657.340 (3)(d).
(2) ' { - Professional - } { + Career and + } technical
training' means
{ - professional and technical - } training or retraining and
basic education, including literacy skills, designed to prepare
individuals for gainful employment in recognized or new
occupations or to prepare individuals to become self-employed.
The term does not include programs of instruction for an
individual { + , + }
{ - ( - } including transfer credit programs of instruction
given at community colleges { - ) which - } { + , that + } are
primarily intended to lead toward a baccalaureate or higher
degree or training that has for its purpose the preparation of
individuals for employment in occupations { - which - }
{ + that + } require a baccalaureate or higher degree from
Enrolled House Bill 2109 (HB 2109-INTRO) Page 16
institutions of higher education unless approved by the Director
of the Employment Department.
SECTION 24. ORS 657.337 is amended to read:
657.337. (1) The state's economic stability is often threatened
when workers are being displaced from the workforce and the
workers and their families face hardship and serious social and
health problems.
(2) The policy of the state is to promote workforce development
by providing eligible dislocated workers with unemployment
compensation and related benefits while they are receiving
{ - professional - } { + career + } { + and + } technical
training so that they can continue to care for their families and
obtain employment.
(3) The Employment Department and the Department of Community
Colleges and Workforce Development will implement the necessary
strategies, systems and structures that will provide
consolidated, streamlined delivery of these services to
dislocated workers.
(4) It is the policy of the state to encourage the movement of
workers into higher wage jobs.
(5) It is the policy of the state to make the best use of
currently existing service delivery vehicles, training programs
and assessment devices to provide services to eligible dislocated
workers.
(6) In order to assist eligible dislocated workers to continue
or complete { - professional - } { + career and + } technical
training, individuals who meet the requirements of ORS 657.335 to
657.360 are eligible for supplemental benefits as provided in ORS
657.340.
SECTION 25. ORS 657.340 is amended to read:
657.340. (1) Dislocated workers approved for
{ - professional - } { + career and + } technical training may
not be denied unemployment insurance benefits solely because they
are attending
{ - professional - } { + career and + } technical training,
nor shall such individual be denied benefits by reason of leaving
work to enter such training if the work left was part-time or
temporary or paid less than 80 percent of the individual's
average weekly wage during the base year.
(2) Notwithstanding provisions of this chapter relating to
availability for work, actively seeking work or refusal to accept
suitable work, dislocated workers approved for
{ - professional - } { + career and + } technical training and
otherwise eligible for benefits are not ineligible for such
benefits or waiting week credit because of attendance in
{ - professional - } { + career and + } technical training.
(3)(a) Eligible dislocated workers who file valid unemployment
compensation claims, upon exhaustion of regular benefits, are
eligible, subject to the availability of funds, for supplemental
benefits from 1 to 26 times the individual's most recent weekly
benefit amount based upon the amount needed to continue or
complete approved { - professional - } { + career and + }
technical training.
(b) Supplemental benefits shall be paid under the same terms
and conditions as regular benefits under this chapter, except
that the Director of the Employment Department may extend the
benefit year of an individual attending an approved
{ - professional - } { + career and + } technical training
program a sufficient number of weeks to allow the individual to
complete the training program.
Enrolled House Bill 2109 (HB 2109-INTRO) Page 17
(c) Supplemental benefits under ORS 657.335 to 657.360 may be
paid only when the eligible dislocated worker is not eligible to
receive extended benefits as provided in ORS 657.321 to 657.329
or additional benefits as provided in ORS 657.331 to 657.334.
(d) Supplemental benefits may be paid only to eligible
dislocated workers whose unemployment, as determined by the
director:
(A) Is substantially due to the lack of employment
opportunities in the workers' local labor market resulting from:
(i) High energy costs;
(ii) Extended drought conditions and the attendant economic
conditions;
(iii) Secondary effects of foreign trade; or
(iv) A shift of production to another state or territory of the
United States; or
(B) Resulted from the workers' return to service in the Oregon
National Guard or military reserve forces of the United States
following a change in status from serving under Title 32 to
serving under Title 10 of the United States Code at a time
designated by the President of the United States by executive
order as a period of combatant activities.
(4) The receipt of supplemental benefits is conditioned upon
the individual's demonstrating satisfactory progress and
attendance in { - professional - } { + career and + }
technical training.
SECTION 26. ORS 657.345 is amended to read:
657.345. (1) Individuals who are identified as dislocated
workers under the federal Workforce Investment Act of 1998 (29
U.S.C. 2801 et seq.), and implementing regulations, and who
attend training programs identified under the Act shall be
considered to be in approved { - professional - } { + career
and + } technical training. The training shall be for occupations
or skills for which there are or are expected to be reasonable
employment opportunities in the area or in another area to which
the individual is willing to relocate or which relate to the
development of a self-employment enterprise for which there is
reasonable opportunity for success.
(2) In approving { - professional - } { + career and + }
technical training for eligible dislocated workers who do not
attend training programs identified in subsection (1) of this
section, the Director of the Employment Department shall require:
(a) That the { - professional - } { + career and + }
technical training relates to an occupation or skill for which
there are, or are expected to be, reasonable employment
opportunities in this state or relates to the development of a
self-employment enterprise for which there is a reasonable
opportunity for success.
(b) That the individual has the qualifications and aptitudes to
successfully complete such { - professional - } { + career
and + } technical training.
SECTION 27. ORS 657.350 is amended to read:
657.350. The Director of the Employment Department, in
consultation with the Department of Community Colleges and
Workforce Development, shall promulgate rules as necessary for
the administration of ORS 657.335 to 657.360, including but not
limited to procedures for approval, undertaking periodic reviews
for continued approval, or for disapproval of
{ - professional - } { + career and + } technical training for
an individual.
----------
Enrolled House Bill 2109 (HB 2109-INTRO) Page 18
Passed by House March 18, 2009
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 7, 2009
...........................................................
President of Senate
Enrolled House Bill 2109 (HB 2109-INTRO) Page 19
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled House Bill 2109 (HB 2109-INTRO) Page 20